New road-closed law: 3 water rescues in York County are being handled differently

Penalties for drivers who ignored barricades during Topical Storm Sandy could vary

LOCAL. PennDOT was making road repairs at Glatfelter Station Road in Springfield Twp following this week's storm. YORK DAILY RECORD/SUNDAY NEWS--JASON PLOTKIN (YORK DAILY RECORD/SUNDAY NEWS--J)

York, PA -

A new law that fines drivers for ignoring "road closed" signs was born after the National Guard had to rescue emergency responders trying to help people stuck in flood waters outside of Philadelphia during a hurricane last year.

That law, which took effect Sept. 6, was put to the test for the first time last week when Hurricane Sandy bore down on the mid-Atlantic states, including Pennsylvania. State police reminded the public about the law before the storm arrived.

Emergency responders in York County rushed to at least three water rescues that they say could have been prevented if people had heeded road signs during the storm. If police cite those drivers, they could face a fine of $250 to $500 and restitution for the cost of the emergency response.

So far, officials vary in how they plan to address these cases. And opinions differ in what drivers might have to pay for as part of the restitution.

Manchester Fire Chief Joe Stevens said he intends to seek compensation for a water rescue in East Manchester Township.

A man on his way to work drove around barricades on Wago Road and got stuck in 2 feet of flood water, Stevens said. Police were waiting for him at the scene, but it wasn't clear whether the man has been cited. Northeastern Regional Police could not be reached for comment.

Stevens said he can't bill for the time the firefighters worked at the scene because it's a volunteer department. But he plans to charge for items such as the use and maintenance of the equipment and the specialized training for water rescues.

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He thinks the law is appropriate in giving emergency responders a tool to recoup their costs. That way the fire company isn't passing the bill on to the residents, he said.

"People just really, really underestimate the power of water," Stevens said. "It's something that's got to be taken seriously."

Springettsbury Township Police plan to cite a Lancaster man who rescuers had to pluck from the roof of his car, Lt. Todd King said earlier this week. King added that York Area United Fire and Rescue is tallying its costs, but the chief could not be reached for comment.

North Codorus Fire Chief Larry Wildasin said he doesn't plan to seek restitution this time for rescuing a woman who police said drove around a barricade and into floodwater on Maple Street. Southwestern Regional Police plans to cite the woman, Sgt. Jamie Stalcup has said.

Wildasin said he wants to read more on the law and what the department can legally do. The fire company did not suffer any losses or damage.

However, he expressed frustration that several agencies, including a rescue squad, an ambulance and police, had to respond to the rescue. He said the woman's car might not be salvageable.

"It's expensive when you disobey a sign and drive into water," he said.

On the issue of restitution, the law simply states that a driver convicted of the offense can be sentenced to compensation "in an amount equal to the cost of fire and police response and emergency medical service or emergency preparedness response resulting from the offense."

District Judge Scott Laird said he thinks professional, paid fire companies could seek reimbursement for their manhours. However, he doesn't think volunteer fire companies would be able to do the same because they're not paid.

Volunteer companies, however, could possibly seek reimbursement for items such as the amount of fuel used, any damage to equipment or the cost of replacing an item, such as a life vest, he said. He doesn't think they could charge for equipment that's already in place.

District Attorney Tom Kearney, however, said he doesn't think emergency responders -- even paid ones -- can bill for wages because it's a normal part of doing business.

The emergency services could seek restitution for losses, such as if someone was injured, or if the department lost a boat, he said.

Sometimes the penalty just depends on which judge the defendant is in front of, said Richard Long, executive director of the Pennsylvania District Attorneys Association.

David Michaels, acting chief of York City Department of Fire/Rescue Services, said the city did not have problems with people getting caught in floodwater during Sandy.

The main intent of the law is to keep everyone safe, Michaels said.

But he'll be watching to see what happens in these cases now that the new law is in effect.

"This storm is going to be big to see what other departments do in this situation," he said.

The penalties

Drivers who ignore "road closed" or other safety warning signs put up because of hazardous conditions will be fined up to $250 and receive two points on their driving record, according to a news release from the state Department of Transportation.

The fine, however, could increase to $500 if emergency responders are called to the scene.

In addition, violators will be held responsible for paying for the costs of staging the emergency response, the release states.

Message boards

A message board on Route 116 flashed that the road was still closed Wednesday hours after it had reopened.

That's something that will be reviewed in an after action report, said Mike Crochunis, a spokesman for the state Department of Transportation.